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City Council |
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Agenda Request |
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Agenda Of: |
April 15, 2008 |
Agenda Request No: |
IV A |
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Initiated By: |
Shashi Kumar, P.E. Drainage Engineer |
Responsible Department: |
Engineering |
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Presented By: |
Shashi Kumar, P.E. Drainage Engineer |
Department Head: |
Chris Steubing, P.E. City Engineer |
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Additional Department. Head (s): |
mike hobbs director of public works |
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Subject / Proceeding: |
Award of contract to Jeffery D. Blume & Company, for
architecural and engineering related services for the construction of
detention facilities within the River Bend Country Club (RBCC) Golf Course. |
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Exhibits: |
Contract and Scope of Services |
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Clearances |
Approval |
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Legal: |
Joe Morris City Attorney |
Executive Director: |
Jim Callaway Community Development |
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Purchasing: |
Charles Eads Interim Purchasing Manager |
Asst. City Manager: |
n/a |
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Budget: |
jennifer brown assistant fiscal services director |
City Manager: |
Allen Bogard |
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Budget |
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Expenditure Required: $ |
170,186 |
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Current Budget:
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250,000 |
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Additional Funding:
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N/A |
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Recommended Action |
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Award professional services contract to Jeffery D. Blume & Company, for architectural, engineering and construction related services for design and construction oversight of detention facilities within the River Bend Country Club Golf Course, in an amount not to exceed $170,186. |
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Executive Summary |
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A comprehensive drainage study for the Sugar Creek Watershed was completed in 2005. It identified a number of drainage improvement projects that would accommodate ultimate build-out in the watershed and also address drainage problems reported during past major rain events. One of the recommended projects was to evaluate partnership opportunities with River Bend Country Club (RBCC) in order to construct dual amenity drainage facilities (Lake/Detention) within their golf course. The recommendations of this study were work-shopped with the City Council on September 20, 2005. Subsequently, the Council directed the staff to begin negotiations with RBCC to evaluate this partnership opportunity. The current contract is the outcome of staff’s negotiations with RBCC for implementing the first phase of the Sugar Creek drainage improvements identified in the Sugar Creek study. Ordinance No. 1129 was adopted in July 1998 and mandates the need to mitigate developmental impacts in the Triangle Area, which is the area located in the upper part of the Sugar Creek watershed. This area, which is approximately 140 acres, is bounded by U.S. 59, Hwy. 90A, and Alkire Lake Drive. Drainage Analysis performed as part of this Ordinance, and subsequently updated in 2006 evaluated various alternatives to mitigate developmental impacts in the Triangle Area. A regional detention pond project was completed in 2007 within the Triangle Area as part of addressing the need for regional detention. This pond provides mitigation for the initial phases of development within the Triangle Area. Additional detention storage (12.5 acre-feet) is required to mitigate impacts from the ultimate build-out of the Triangle Area. The study also recommended that additional detention storage (approx.12 acre-feet) be provided within the Riverbend Golf Course. This detention is required to offset additional runoff impacting downstream areas. The City contracted with Dannebaum Engineering Corporation (DEC) and the RBCC Architect (Jeffrey D. Blume & Company) to evaluate storage/pond locations within the golf course. Both parties mutually identified four locations that could provide a combined detention storage capacity of 25 acre-feet, while also adding aesthetic features to the golf course. One location includes expanding (deepening) the existing lake to provide additional storage. Three other locations included constructing new lakes/ detention basins. City staff has been negotiating cost sharing options with RBCC over the last year and on March 6, 2008, the RBCC made a revised offer to the City. Under the terms of this offer, the RBCC is now requesting $1.2 Million in compensation for using their property for easements for detention. Also, the City will be responsible for all construction related costs, which is estimated to be around $1.3 Million. Engineering and Public Works staff have evaluated this option in detail. This option was determined to be the most cost-effective option to address detention needs mandated by Ordinance No. 1129, and to accommodate for any future drainage improvement projects within the Sugar Creek Watershed. Details of this proposed easement acquisition was discussed with City Council in an executive session on March 18, 2008. Staff believes that this partnership addresses needs from both parties and is a positive outcome that will provide benefits to all parties within the Sugar Creek Watershed. RBCC has requested that their architect (Jeffery D. Blume & Company) be retained to develop final plans and specifications for the identified improvements and staff concurs with this requests. RBCC is planning a course shut-down in February 2009 for capital improvements for a period of 75 days. Staff was able to negotiate this to 120 days in order to incorporate these proposed detention improvements. In order to meet to the expedited schedule and shutdown proposed by RBCC, engineering staff recommends award of a professional services contract to Jeffery D. Blume & Company, for architectural, engineering and construction related services for detention facilities within the River Bend Country Club Golf Course, for an amount not to exceed $170,186. Funding for design was budgeted in CIP DR0805 – Sugar Creek Regional Detention. Dannenbaum Engineering will be a sub-consultant to Jeffrey D. Blume & Company. Staff will request funding for estimated construction costs in the FY09 budget. This will be discussed with City Council during the annual budget and 2009-2013 CIP process. |
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Exhibits |
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/for AB CITY OF SUGAR LAND STANDARD CONTRACT
FOR PROFESSIONAL SERVICES
Revised 10/16/06
This Contract (Contract) is
made between the City of Sugar Land,
Texas (City), and Golf Course
Architect. The City and Golf Course
Architect agree to the terms and conditions of this Contract, which consists of
the following parts:
I. Summary of Contract Terms
I Signatures
I. Summary of Contract Terms
II. Signatures
III Standard Contractual Provisions
IV.
Special Terms and Conditions
V. Contract Attachments
I. Summary of Contract Terms.
Golf
Course Architect: Jeffrey D. Blume, Limited
Description of Services: River Bend Country Club Drainage Improvements
Maximum
Contract Amount: $170,186
Effective Date: On the latest date of the dates executed by both parties
Termination Date: Upon completion of all obligations by both parties
II. By signing below, the parties agree to the terms of this Contract:
CITY OF SUGAR LAND* GOLF
COURSE ARCHITECT:
_________________________________ By:
______________________________
Signed
by: Date: __________________ Title:______________________________
____City
Manager or
____Assistant
City Manager Date: _____________________________
____Director
____
Program Manager
*Contract
Signature Authority: Program Manager -$2,999 or less
Department
Head - $3,000 to $14,999
Executive
Director/City Manager/Assistant City Managers - $15,000 to $25,000
Attest: City Secretary
_________________________________
Reviewed
for Legal Compliance:
III. Standard Contractual Provisions.
A. Golf Course Architect’s Services.
1. Definitions:
In this section A, relating to Golf Course Architect’s services:
Construction
Documents
means the Golf Course Architect’s drawings, plans, specifications, and related
design documents that Contractor uses to perform the Project Work.
Contract
means this standard Contract for Golf Course Architecting Services.
Golf Course
Architect means the person or entity the City contracts with to perform the
Project Work.
Project means the water, sewer, drainage, street, or other
improvements, equipment, or facilities Contractor contracts with the City to
undertake and complete.
Project
Work means
the Golf Course Architect’s construction, reconstruction, repair, installation
or other activity required to complete the Project.
2. Construction Documents. Golf Course Architect's Construction Documents,
if required under this Contract, will be sufficiently accurate, detailed, and
complete so that the Contractor may, if the Contractor faithfully follows the
Construction Documents, construct and complete the Project without a substantial
defect and within the projected schedule and budget. In this paragraph, a “substantial defect”
includes, but is not limited to, any condition of the Project that, upon
completion, prevents or interferes with the Project’s proper or intended
operation, use, function, or maintenance.
The Golf Course Architect shall promptly correct
any error found in the Construction Documents, including any error discovered
after the City makes final payment to the Golf Course Architect, without
payment of additional compensation.
3. Project Visits. (This paragraph applies only if the Attached Contract Documents provide for the Golf Course Architect to visit the Project as part of the Golf Course Architect’s services) The Golf Course Architect will visit the Project site at intervals appropriate to the stage of the Project Work and for the minimum number of times set forth in the Attached Contract Documents, if any. The Golf Course Architect’s visits shall include visits at times when the significant elements of the Project Work, or representative samples thereof, are being performed so that the Golf Course Architect may determine if the Project Work is being performed in substantial compliance with the Construction Documents. The Golf Course Architect will keep the City informed of the progress and quality of the Project Work as it is completed and promptly notify the City in writing of any Project Work that does not substantially comply with the Construction Documents.
B. Billing and Payment. Golf Course Architect will bill the City for
the Services provided at intervals of at least 30 days, except for the final
billing. The City shall pay Golf Course Architect for the Services in
accordance with the terms of this Contract, but all payments to be made by the City
to Golf Course Architect, including the time of payment and the payment of
interest on overdue amounts, are subject to the applicable provisions of
Chapter 2251 of the Government Code.
C. Termination
Provisions.
(1)
City Termination for Convenience. Under this paragraph, the City may terminate
this Contract during its term at any time for the City’s own convenience where
the Golf Course Architect is not in default by giving written notice to Golf
Course Architect. If the City terminates
this Contract under this paragraph, the City will pay the Golf Course Architect for all
services rendered in accordance with this Contract to the date of
termination.
(2) Termination for Default. Either party to this Contract may terminate this Contract
as provided in this paragraph if the other party fails to comply with its
terms. The party alleging the default
will give the other party notice of the default in writing citing the terms of
the Contract that have been breached and what action the defaulting party must
take to cure the default. If the party
in default fails to cure the default as specified in the notice, the party
giving the notice of default may terminate this Contract by written notice to
the other party, specifying the date of termination. Termination of this Contract under this
paragraph does not affect the right of either party to seek remedies for breach
of the Contract as allowed by law, including any damages or costs suffered by
either party.
(3) Multi-Year Contracts and Funding. If this Contract extends beyond the City’s fiscal year in
which it becomes effective or provides for the City to make any payment during
any of the City’s fiscal years following the City’s fiscal year in which this
Contract becomes effective and the City fails to appropriate funds to make any
required Contract payment for that successive fiscal year and there are no
funds from the City’s sale of debt instruments to make the required payment,
then this Contract automatically terminates at the beginning of the first day
of the City’s successive fiscal year of the Contract for which the City has not
appropriated funds or otherwise provided for funds to make a required payment
under the Contract.
D. Liability and Indemnity. The Golf Course Architect will indemnify and hold
the City, its officers, agents, and employees harmless from any claim, loss,
damage, suit, or liability, including expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, or for damage to any property,
where the injury, death, or damage is caused by the negligence of the Golf
Course Architect, his officers, employees, agents, or subcontractors in
performing work under this Contract. Any provision of any attached contract document that
limits the Golf Course Architect’s liability to the City or releases the Golf
Course Architect from liability to the City for actual or compensatory damages,
loss, or costs arising from the Golf Course Architect’s performance of this
Contract or that provides for the City to indemnify the Golf Course Architect
is not applicable or effective under this Contract.
E.
Assignment. The Golf Course Architect shall not assign
this Contract without the prior written consent of the City.
F.
Law Governing and Venue.
This Contract is governed by the law of the State of Texas and a lawsuit
may only be prosecuted on this Contract in a court of competent jurisdiction
located in or having jurisdiction in Fort Bend County, Texas.
G. Entire Contract. This Contract represents the entire Contract
between the City and the Golf Course Architect and supersedes all prior
negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written
instrument signed by both parties.
H. Independent
Contractor. Golf Course
Architect shall perform the work under this Contract as an independent
contractor and not as an employee of the City.
The City has no right to supervise, direct, or control the Golf Course
Architect or Golf Course Architect’s officers or employees in the means,
methods, or details of the work to be performed by Golf Course Architect under
this Contract. The City and Golf Course
Architect agree that the work performed under this Contract is not inherently
dangerous, that Golf Course Architect will perform the work in a workmanlike
manner, and that Golf Course Architect will take proper care and precautions to
insure the safety of Golf Course Architect’s officers and employees.
I. Dispute Resolution Procedures. The Golf Course Architect and City desire an
expeditious means to resolve any disputes that may arise between them regarding
this Contract. If either party disputes
any matter relating to this Contract, the parties agree to try in good faith,
before bringing any legal action, to settle the dispute by submitting the
matter to mediation before a third party who will be selected by agreement of
the parties. The parties will each pay one-half of the mediator’s fees.
J. Attorney’s Fees. Should either party to this Contract bring
suit against the other party for breach of contract or for any other cause
relating to this Contract, neither party will seek or be entitled to an award
of attorney’s fees or other costs relating to the suit.
K. Severability. If a court finds or rules that any part of
this Contract is invalid or unlawful, the remainder of the Contract continues
to be binding on the parties.
IV. Special Terms or Conditions. None.
V. Additional Contract Documents. The following specified documents attached to
this Contract are part of this Contract, except as follows: any provision contained in any of the Golf
Course Architect’s Additional Contract Documents specified below that conflicts
with a Contract provision not included in the Golf Course Architect’s
Additional Contract Documents, does not apply to this Contract.
A. Golf Course Architect’s Additional Contract
Documents:
1. Jeffrey D. Blume, Limited Proposal Dated
March 4, 2008 (6 pages)
B.
City’s Additional Contract Documents:
1. Jeffrey D.
Blume, Limited Certificate of Insurance.
March 4, 2008
Mr. Christopher Steubing
Mr. Shashi Kumar
City of Sugar Land
2700 Town Center Boulevard N.
Sugar Land, Texas 77479
Subject: River Bend Country Club Drainage Improvements Proposal
Dear Chris and Shashi:
This letter represents my company’s proposal for services related to the drainage improvements at River Bend Country Club. The services and fees listed below reflect the discussions we have had, and the scope of work that was determined during the preliminary design phase last year. This scope of work has been further defined in discussions with the City of Sugar Land and Dannenbaum Engineering Company that took place earlier this year.
The proposal assumes that the majority of design work will occur this year, and that the construction observation phase of the project will begin next spring. Further, it is assumed that Jeffrey D. Blume, Limited will be the primary consultant for the project, and that Dannenbaum Engineering Company will be a sub-contractor. No mark up of Dannenbaum’s services will be required, but a $10,000.00 fee is included in this proposal to cover all necessary clerical and administrative services relating to the sub-contract. The specific services included in this proposal are as follows:
Preliminary Design
and Engineering
· A site analysis and field survey will be conducted to determine the existing conditions of the areas to be used as storm water detention. This analysis will consider existing drainage patterns, existing vegetation, access issues, potential fill placement areas (if possible), construction staging areas, etc. The analysis will be coordinated with City officials, club staff and Dannenbaum Engineering.
· Following the collection of all of the site analysis information, a conceptual master plan will be created to locate and describe all of the proposed renovations to the golf course. This plan will be indicative of the needs and desires of the City of Sugar Land and the members and staff of River Bend Country Club. Upon completion it will serve as the basis for the remainder of the renovation process.
· A preliminary grading plan of the proposed detention areas will be created to determine more accurate earthwork quantities and the shaping of the actual features within the detention basins (particularly with regard to the practice range).
· Following the completion of the preliminary grading plans, a preliminary cost estimate will be created to determine if the design is conforming to the projected budget.
Final Design Phase
· A complete set of construction documents and specifications will be prepared for the project. This set of documents includes:
- Staking Plans
- Clearing Plans
- Grading Plans
- Drainage Concepts
- Features Plans & Haul Routes
- Grassing Plans
- Irrigation Plans (if necessary)
- Construction Details
- Construction Specifications
· Bid documents will also be prepared in order that the project can be competitively bid to select the golf course contractor. In addition, formulating a qualified bidders list, bid analysis or assisting with contractor negotiations are within the scope of services.
· Consultation will be provided with regard to the golf course irrigation system to ensure that the renovation plans and irrigation system are consistent with one another. The design of the irrigation system (if necessary) will be done by Aqua Turf International, Inc. located in Jupiter, Florida.
· All construction documents and bid documents will be consolidated with City of Sugar Land documents, Dannenbaum Engineering plans and specifications and River Bend Country Club greens renovation plans in order that one contractor can be selected to perform all construction on the golf course during one construction period.
· Cost estimates will be revised prior to bidding to determine if the design conforms to the projected budget.
Construction Phase
·
Pre-bid and pre-construction meetings will
be conducted to clarify any uncertainties in the bid process or prior to the
commencement of construction.
·
Administration of the bid process will be
provided to include bid tabulations and analysis. In addition, assistance with the formulation
of the construction contract will be provided.
· Site visits will be conducted at various stages of the construction process in order to determine if the work is proceeding in accordance with the design intent. The frequency of these visits will vary depending upon the stage of construction and progress of the work. During the shaping of the golf course features these visits will occur on a weekly basis, weather permitting. In any case, the number of site visits will be sufficient to ensure that the design is being properly translated.
· Field sketches and drawings will be created (if necessary) to supplement the construction documents in describing the final shaping of the golf course features.
· The construction process will be administered through the creation of field reports at various stages of the construction process. These reports will document any changes in the scope of work, alterations in the design to take advantage of field conditions, and any observed deficiencies in the quality of construction.
· All contractors pay requests will be reviewed and any discrepancies will be discussed and resolved with the City of Sugar Land and River Bend Country Club prior to the contractor being paid.
Additional Services
· Coordination of the design team (Jeffrey D. Blume, Limited, Dannenbaum Engineering Company and Aqua Turf International, Inc. (if necessary)) will be provided.
· Coordination meetings with the City of Sugar Land, River Bend Country Club and Dannenbaum Engineering are included in the scope of services.
· All travel and reproduction costs are included in this proposal. No expenses will be paid by the City of Sugar Land, except as may be required in the attached proposal by Dannenbaum Engineering.
My company usually charges between 8% and 10% of the anticipated construction costs for design fees. The larger percentage usually relates to smaller construction budgets, as some portions of the work and overhead are necessary regardless of a projects anticipated cost. Since River Bend Country Club is a local project and should be convenient for me to service, and the anticipated construction cost is expected to be no more than $1,300,000.00, I would propose a total fee of $85,000.00. This fee would include all expenses as well as the irrigation designer’s compensation.
This fee is typically paid out in phases during the life of the project. Each phase is considered a separate point beyond which the City would have no further obligation to my company until notice is received from the City to proceed with the next phase. With this in mind, I would propose that the fee be paid out in the following manner:
Phase I – Preliminary Design and Engineering – 30%
($8,500.00) upon execution of the contract
($17,000.00) upon the City’s receipt of a preliminary grading plan
Phase II – Final Design – 40%
($8,500.00) upon notification to proceed with construction documents
($17,000.00) upon the client’s receipt of the construction documents
($8,500.00) upon bidding of the project
Phase III - Constructi